Construction Contracts Act 2004

Once you become aware that you are owed moneys under the payment terms of your written or oral construction contract you may consider making an application under this Act to have your payment claim decided by adjudication.

To commence this action first read the BC web publication “Resolving payment disputes in construction contracts”You will need to satisfy yourself that you are submitting a valid application for adjudication. This must be submitted within 90 business daysfrom the date of a payment dispute. Claims served outside this timeperiodare invalid under this Act. Business day is any day other than a Saturday, Sunday, public holiday or day between 25 December and
7 January (inclusive).

This form can be used to assist you to serve a valid application on the Appointor and Respondent. Your applicationshould contain statutory information (shownbelow with an asterisk*)that is known to you andrelevant to the dispute.

Step 1: Choose an Appointorthen fill out the following contact detailsandsend to :
*Name /
*ABN
*Address /PO Box
Suburb / State / Postcode
*Telephone / Area () / *Fax / Area ( )
Step 2:Fill out your contact details as the Claimantfor this construction contract payment dispute
*Name
*ABN
*ACN
*Address /PO Box
Suburb / State / Postcode
*Phone / Area ( ) / *Fax / Area ( )
Email
Step 3: Fill out the contact details of the Respondent (that/who you are claiming against) and also send to:
*Name
*ABN
*ACN
*Address /PO Box
Suburb / State / Postcode
*Phone / Area ( ) / *Fax / Area ( )
Email

(2)

The Construction Contracts Act 2004 appliesequally to parties that have by prior agreement self-appointed a prescribed Appointor or a registered Adjudicator at Step 1 above to deal with their construction contract payment disputes.

Supporting documentation and information

Contract details

*Attach a copy of theconstruction contract document involved or relevant extracts or other informationthat evidenceyour written or oral agreement.

Payment claim details for claim made under the contract

*Attach a copy of the disputed payment claim made under the terms of your construction contract that has not been paid(or only paid in part) with the amount(s) and date due for payment. Any material received from the Respondentrejecting your claim for payment should also be supplied in your application.

Further information/points in support of claim

*Attach any relevant information in support of your argument thatyourpayment claim is valid or your reply to the Respondent’s rejection of your claim for the appointed adjudicator to consider.

Your full name as claimant/applicant / Your signature / Date
Sending this adjudication application form to the Appointorand Respondent

*This application must be served as set out in the Acton these parties within 90 business days after a payment disputearises by either(a) using registered or certified mail or (b) delivering to each party personally or to them via one of their representatives. You must obtain a receipt of service.Your application is also to be mailed to these parties if delivered personally.

The Appointor will within 5 business days appoint anAdjudicator who has the skills and experience that best fits this payment disputes needs and is available toimmediately commence work on your application.The Appointor will inform both parties of the appointed Adjudicator who will then liaise with you and the Respondent and determine the outcome of the payment dispute. Subject to fee payments the Adjudicator’s report will be issued usually within 20 business days to both parties with reasons for the adjudication decision in accordance with the Act.

Please identify the roles of the parties in this payment dispute
Your role as theClaimant/Applicantin this construction contract (e.g.subcontractor, contractor, consultant, supplier)
Your industry or trade (e.g.licensed electrician, plumber, registered builder, architect, materials supplier )
The business or private status forthe Respondent (e.g.head contractor, owner/principal, developer, subcontractor)
Further assistancefrom the Building Commission

Phone: 1300 489 099

Email:

Facsimile: 08 6251 1501

Website: access to published information on the adjudications process together with details for all prescribed Appointors and Adjudicators registered under the Construction Contracts Act 2004.